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Copyrights and Licensing
The licensing and/or authorization of all Software purchased and/or installed and activated by Cybermight for private and/or business use as a part of an agreement and/or a part of a verbal or written contract between the client and a representative of Cybermight remains exclusively the responsibility of the client. The company and/or a representative of Cybermight is not liable or held responsible for improper or unlawful usage of software that requires authorization, access authentication or licensing in order to be used.
Hardware Disclosure
All hardware equipment carries a warranty against manufacturer defects for one year from the day of purchase, and an additional (7) days defective parts on-site replacement. Exchange of hardware parts takes place only with the original invoice and the complete packaging as delivered . All hardware articles are equipped with a limited warranty as provided by the manufacturer. Incompatible or flawed third-party software articles obtained by the client can be replaced at the client’s expense. Non-permitted operations inside the case and/or a broken seal will result in the termination of this agreement.
Hardware Refunds
Hardware refunds are issued usually within 48 hours. The refunded amount will
exclude a 3% deduction from the entire amount. Agreement: By entering into a
contract with Cybermight, LLC or any of its representatives, you agree to abide
by the terms of this policy.
Liability
Cybermight, LLC is only and can only be held liable for the amount of the provided services to the client. Cybermight is not liable for any losses or damages above the total amount of the service. Cybermight is not liable for any registration
or copyright violations of the client. Cybermight is not legally responsible
for the swapping of registered or copyrighted content through clients file-sharing software.
Cybermight is not responsible for the stability, up-time, or for the integrity of client websites, or any other rendered Web related services that may directly or indirectly contribute to profits of any kind.
Third Party Software
It is the exclusive responsibility of the client (private or business) to
properly register and/or obtain the required licensing for any installed,
activated and/or used software not activated on Cybermight owned Servers or
Workstations.
Estimates
An estimate is not a fixed price, it simply is a summary of the hours estimated
for a predetermined, mostly lower combined total amount for these hours. This estimated price is the result of a
scrutinized evaluation of the upcoming services work to allow a predetermined
but prospective completion time. Every service work exceeding this estimated
time, for any reason, updates, upgrade, maintenance, unforeseen circumstances in the course of the development, add-ons and changes is to be
reimbursed using the hourly Cybermight LLC rates as displayed. The price per
estimate is predetermined. The estimate charge is waived when the service charge is authorized. Invoices below $1,000 are to be paid in advance after the estimate is accepted. Invoices above US$ 1,000 are to be paid in advance to 50%, and the remaining 50% after the estimated services are completed as stated
in the estimate.
Service Compensation
There will be an additional charge for late payments received past 30
days. Terms and Deductions: There will be an additional daily charge per consulted and contracted staff member for any IT services provided by
Cybermight outside of Las Vegas, Nevada. Services outside the United States
need to be negotiated separately. This apparent rates table applies in general
also for any Help-Desk Services and computer related client support activities provided over the phone. All phone services will be calculated using this table based on the different levels of expertise required for the particular work. Any expenses incurred in connection with legal proceedings necessary to collect the contracted open amount, including any fees for legal forms and/or processing fees, will be billed separately.
Contracted work · Payment
regulations
Service work - legal note: Any agreement to perform work, verbal or written, is
legally considered an employment contract. An employment contract exists as soon
as there is an inquiry, offer and acceptance (mutual consent). Any performed
service is contracted work. The negotiated and/or determined amount for a
specific work is due after the service hours are completed. It has to be paid in
full. A 5% late fee may be applied to the invoice per month if the invoice is not
paid in full within 10 days. There is a 30-day written notification necessary to cancel a
recurring online service such as hosting or monthly maintenance. Requested
estimates for Network and Internet related service work is presented to the
client online, records are kept 7 years.
Promotional Services
Client understands and agrees that no refunds shall be given by Cybermight for
services rendered. Client further agrees to defend and indemnify Cybermight from
all third-party claims including, but not limited to: Slander, libel, copyright
violations, plagiarism, claims involving illegal activities, and/or other suits
or claims based on the content or subject matter of the client’s website. This
agreement is governed by, and shall be construed in accordance with, the laws of
the State of Nevada. All of the parties agree to the exclusive jurisdiction and
venue in the courts of Clark County, Las Vegas, Nevada and expressly agree to
give such forum original jurisdiction. If any provision of this Agreement is
held by a Court of law to be invalid, such invalidity shall not affect the
validity of the remaining provisions of this Agreement. The foregoing
constitutes the entire agreement between the parties and may be modified only in
writing and signed by all parties.
Venue
The legal domicile for arbitrations, collections and/or claims is the City of
North Las Vegas, Nevada.
Reminder
It is the exclusive responsibility of the client (private or business) to
properly register and/or obtain the required licensing for any installed,
activated and/or used software.
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These terms are applicable and valid
after 1/05/1999. Last updated January 2008. |